My Mum has been visiting family in the USA for 90 days from the UK; she has become too sick to return to England. How can we extend for 2 more months?

  • 4
    Note - try to sort this out before the 90 days are up, and certainly before she leaves, rather later.
    – CMaster
    Jan 4 '19 at 16:52
  • Note: the title briefly read "How do we get a health extension for a US visa?" but this is almost certainly incorrect because admission was almost certainly under the terms of the visa waiver program. The visa waiver program (unlike visas) generally does not allow visitors to extend their stay, while extending the stay of someone on a visitor visa is fairly straightforward. There is an explicit exception for "up to 30 days" for VWP visitors with medical emergencies, as noted in the answer, but "for 2 more months" could be a problem.
    – phoog
    Jan 4 '19 at 18:12
  • 1
    Thank you so much! I've just reached out to an immigration lawyer! :-) With kindest regards Michelle Jan 4 '19 at 18:53
  • 2
    Please don't add "thank you" as an answer. Instead, accept the answer that you found most helpful. - From Review
    – Glorfindel
    Jan 4 '19 at 19:10
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    Mind you the bar is "if this person flies, their condition will be made seriously worse", or "there'd be a significant chance of a medical divert for the airplane", not "they'll recover quickest here" or "family is here" or "medicine is better here". Jan 4 '19 at 19:28

You should get the advice of an immigration law attorney. You will also need a paper from the doctor saying you are too sick to travel.

Per this link:

Medical emergencies are exceptions to the general bar on extending VWP status. U.S. Citizenship and Immigration Services (USCIS) can grant extensions of VWP stays, up to 30 days more, if you are hospitalized for an urgent matter or similar circumstances.

The catch is that you are expected to show up in person at a USCIS office, using an INFOPASS appointment. Such extension requests cannot be made by mail. That might not be possible for someone in genuinely dire health. The best bet is to hire an immigration attorney, who may be able to arrange matters on your behalf.

The next best bet is to save all records of your hospital stays so that, next time you request a U.S. visa or other entry, you will be able to provide proof that your overstay was due to circumstances beyond your control. It should not be held against you, assuming you leave the U.S. as soon as is reasonably, medically possible.

Thanks, @Andrew Lazarus for the link.


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